The National Insurance Co.Ltd. v. Sathya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Twenty Third day of April Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE S.S.SUNDAR CMP No.7150 of 2021 IN CMA.SR.NO.83264 OF 2016 THE NATIONAL INSURANCE CO.LTD., [ PETITIONER ] NO.164-N, KUMAR COMPLEX, TIRUCHENGODE TK, NAMAKKAL DISTRICT.

Vs 1 SATHYA [ RESPONDENTS ] 2 MINOR SUMAN D/O.LATE RAJAVEL, ALL ARE RESI AT ARUNTHATHIYAR ST, ANDIPALAYAM, TIRUCHENGODE TK, NAMAKKAL DISTRICT. (MINOR 2ND RESPONDENT, REP BY HER MOTHER AND NA 3 KANDAMMAL 4 RAMASAMY 5 KANDASAMY Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 1221 days in representing the above CMA (SR) No.83264 of 2016 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case IN CMP.NO.7150 OF 2021.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.SREE VIDHYA, Advocate for the petitioner the court made the following order:- The petitioner has given some reasons in the affidavit filed in support of this petition for the delay. Though the reasons are convincing, this Court is of the view that unwanted delay of 1221 days could have been avoided if due diligence is shown by the petitioner. Having regard to the facts and circumstances of this case, this Court is inclined to allow this petition on terms. https://hcservices.ecourts.gov.in/hcservices/

This petition is ordered on a condition that the petitioner shall pay a sum of Rs.2,000/- to the Tamil Nadu Legal Services Authority, within a period of one week.

Registry is directed to number the appeal after getting a compliance report from the petitioner.

-sd/- 23/04/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE COMMISSIONER FOR WORKMENT COMPENSATION DEPUTY COMMISSIONER OF LABOUR AT COONOOR.

2 THE SECRETARY, THE TAMIL NADU LEGAL SERVICES AUTHORITY, HIGH COURT, MADRAS-104.

Order in CMP No.7150 of 2021 IN CMA.SR.NO.83264 OF 2016 Date :23/04/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (01/06/2021) https://hcservices.ecourts.gov.in/hcservices/